OTTAWA - The already secretive security certificate process is about to add a new layer of confidentiality. Later this month, a classified hearing is to be held in Federal Court to determine whether two defence lawyers can act as special advocates in future private hearings on behalf of their clients. The hearing, which will include the participation of a yet-to-be-named special advocate, comes at the request of government lawyers who told a case-management conference Tuesday that lawyers Paul Copeland and John Norris should not be allowed to act as special advocates. Special advocates were created by the government's new security certificate law, which seeks to improve upon the original one struck down last year by the Supreme Court. Federal lawyer Donald MacIntosh said the government believes the lawyers would be in a conflict-of-interest position if they take on the new roles.He suggested the lawyers, if they were to act as special advocates, would be exposed to evidence that could somehow inhibit their ability to "argue fully" on behalf of their clients. MacIntosh, however, said he cannot describe the nature of the alleged conflict in more detail because that would require the disclosure of information that could jeopardize national security.

As a result, he asked Chief Justice Allan Lufty to convene a secret hearing, during which the lawyers could be represented by special advocates while the issue is discussed.

Copeland said he was "distressed" with the government's decision.
"What they've added is a huge layer of complexity: Now they're going to have a special advocate appointed to see if they can have a special advocate appointed."

Copeland represents Mohamed Harkat, of Ottawa, an Algerian refugee who is accused of being an al-Qaida sleeper agent.
Norris represents Egyptian-born terror suspects Mahmoud Jaballah and Mohammad Mahjoub, of Toronto.
Both lawyers have asked the court to allow them to step aside as defence counsel in order to act as special advocates during the secret hearings related to their clients.

Under the new legal framework, two special advocates will be assigned to each of the five security certificate cases.
The advocates will be able to attend in-camera hearings, where evidence is introduced in secret because of national security concerns.

The advocates will be able to help Federal Court judges examine witnesses and test the strength of the government's evidence. But the advocates will not be allowed to share what they've learned with defence counsel for the accused terrorists - or with anyone else.

It is unclear how the lawyers could find themselves in a conflict-of-interest situation in the secret hearings.
But it is conceivable that they could hear evidence that pertains to other clients.
Both Copeland and Norris represent two security certificate detainees; both men also represent former terror suspects who are now suing the federal government for its role in their detention and mistreatment in Syria.

Lufty asked Copeland and Norris to each nominate next week a special advocate to represent them during the secret hearing, which is tentatively scheduled for later this month.

Five men in Canada are now subject to security certificates as the government seeks to deport them as terrorists.
Copeland, told Lufty that he would be launching a constitutional challenge to his client's continued detention.

Ottawa Citizen